Practice question from The Client-Lawyer Relationship

Client tells Attorney: 'I plan to commit perjury at trial tomorrow. I'm going to lie about where I was when the crime occurred.' Attorney tries to dissuade Client, but Client insists. What should Attorney do? A. Allow Client to testify and present the testimony as planned B. Refuse to call Client as a witness C. Withdraw from representation and inform the court why D. Disclose Client's plan to the judge ex parte E. Attempt to withdraw without stating specific reasons

Answer

E

Explanation

Under Rule 3.3, a lawyer cannot knowingly present false testimony. However, in criminal cases, the client has a constitutional right to testify (Rule 1.2(a)). If the client insists on committing perjury, the lawyer should seek to withdraw under Rule 1.16(a)(1) (representation would violate rules). If withdrawal is not allowed, some jurisdictions permit narrative testimony. The lawyer must NOT reveal the client's confidential information to the court, so cannot state the specific reason for withdrawal.

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